People v. Pena

New York Court of Appeals October 27, 1966

People v. Pena, 18 N.Y.2d 837 (N.Y. 1966)

222 N.E.2d 604; 275 N.Y.S.2d 843; 1966 N.Y. LEXIS 1034

Bergan, Burke, Desmond, Fuld, Herewith, Keating, McQueen, Question, Reach, Scileppi, Upon, Voorhis, Vote

Opinion of the Court

MemoRandum. The evidence obtained pursuant to the search warrant was properly received into evidence; there was no need to disclose the informer’s identity (People v. Valentine, 17 N Y 2d 128; People v. White, 16 N Y 2d 270; People v. Malinsky, 15 N Y 2d 86). The statements made at the scene were properly admitted into evidence (People v. Huntley, 15 N Y 2d 72, 77). Miranda v. Arizona (384 U. S. 436) is not applicable to the present case (People v. McQueen, 18 N Y 2d 337, decided herewith).

Judges Van Voorhis, Burke, Scileppi, Bergan and Keating concur in Memorandum; Chief Judge Desmond and Judge Fuld dissent and vote to reverse upon the dissenting opinion in People v. McQueen (18 N Y 2d 337, decided herewith) and reach no other question.

Upon reargument: Judgment affirmed in a Memorandum.

Reference

Full Case Name: The People of the State of New York v. Barnabel Pena
Status: Published